HYATT v. AMES DEPARTMENT STORES, INC., 03533 CRB-06-97-02 (5-14-1998)


ROBERT HYATT, CLAIMANT-APPELLANT v. AMES DEPARTMENT STORES, INC., EMPLOYER and GALLAGHER BASSETT SERVICES, INSURER and SECOND INJURY FUND, RESPONDENTS-APPELLEES

CASE NO. 03533 CRB-06-97-02 CLAIM NO. 0600008540Workers’ Compensation Commission
MAY 14, 1998

At the trial level the claimant was represented by Harvey Levine, Esq. Claimant filed the appeal on his own behalf and failed to appear at oral argument.

The employer and its insurer were represented by Jennifer Hock, Esq., Montstream May.

The Second Injury Fund was represented by Nancy Sussman, Assistant Attorney General, who did not appear at oral argument.

This Petition for Review from the February 7, 1997 Finding and Dismissal of the Commissioner acting for the Sixth District was heard September 19, 1997 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners James J. Metro and John A. Mastropietro.

DISMISSAL

JESSE M. FRANKL, CHAIRMAN.

The claimant has filed a timely petition for review from the February 7, 1997 Finding and Dismissal of the Commissioner acting for the Sixth District. The claimant has failed to file a motion to correct, reasons of appeal, or a brief and has failed to appear at oral argument before this board.

Accordingly, we dismiss the claimant’s appeal for failure to prosecute with proper diligence pursuant to Practice Book § 4184A. SeeThomas v. Cash Oil, 15 Conn. Workers’ Comp. Rev. Op. 410, 2272 CRB-3-95-1
(Aug. 28, 1996); Divita v. Thames Valley Steel, 12 Conn. Workers’ Comp. Rev. Op. 50, 1541 CRB-2-92-10 (Jan. 26, 1994);Milardo v. Shuck Petroleum, 11 Conn. Workers’ Comp. Rev. Op. 279, 1559 CRB-8-92-11 (Nov. 22, 1993).

The claimant’s appeal is dismissed.

Commissioners James J. Metro and John A. Mastropietro concur.